DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s election without traverse of claims 1-18 in the reply filed on 03/27/26 is acknowledged. By this election, claims 19-21 are withdrawn and claims 1-18 will be examined in the application.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6 and 10-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim (2023/0267884).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Kim (Fig. 17) discloses a display device comprising: a first active layer 523 ([0186]); a first transistor ST1-2 connected to the first active layer 523 ([0098]); a pixel electrode 171 connected to the first transistor ST1-2 ([0137]); a second active layer 513 including a material different from a material of the first active layer 523 ([0190]); and a second transistor DT connected to the second active layer 513 ([0089]), wherein at least a portion of the second active layer 513 is directly connected to at least a portion of the first active layer 523 (Figs.17 and 21B).
Regarding claims 2 and 15, Kim (Fig. 17) discloses wherein the first active layer 523 and the second active layer 513 are disposed on a same layer BF.
Regarding claims 3 and 16, Kim (Fig. 17) discloses wherein the at least a portion of the second active layer 513 is in direct contact with the at least a portion of the first active layer 523 (Fig. 21B).
Regarding claims 4 and 17, Kim (Fig. 17) discloses wherein the at least a portion of the second active layer 513 is disposed on the side of the first active layer 523 (Fig. 5A).
Regarding claim 6, Kim (Fig. 17) discloses wherein the first active layer 523/52 includes an extension portion extending toward the second active layer 513/51, and wherein the at least a portion of the second active layer 51 is directly connected to the extension portion of the first active layer 52 (Figs. 5A-5B).
Regarding claim 10, Kim (Fig. 17) discloses wherein the first transistor is a driving transistor and the second transistor is a switching transistor ([0122]).
Regarding claim 11, Kim (Fig. 17) discloses further comprising a power line 230 connected to the second transistor (Figs. 2-3, [0072] and [0086]).
Regarding claim 12, Kim (Fig. 17) discloses wherein the power line 230 overlaps an interface between the first active layer and the second active layer (Figs. 2-3, [0072] and [0086]).
Regarding claim 13, Kim (Fig. 17) discloses wherein the power line 230 is any one of a first driving voltage line, a reference voltage line and an initialization voltage line (Figs. 2-3, [0072] and [0086]).
Regarding claim 14, Kim (Fig. 17) discloses display device comprising: a first active layer 523 ([0186]); a first transistor ST1-2 including a first gate electrode G1-1 overlapping the first active layer 523; a second active layer 513 including a material different from a material of the first active layer 523 ([0190]); a second transistor DT including a second gate electrode DT-G2 overlapping the second active layer 513; and a pixel electrode 171 connected to the first transistor ST1-2 ([0137]), wherein at least a portion of the second active layer 513 is directly connected to at least a portion of the first active layer 523 (Figs.17 and 21B).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 8-9 is/are rejected under 35 U.S.C. 103 as being obvious over Kim (2023/0267884).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claims 8-9, Kim (Fig. 17) discloses all the limitations as discussed above, except for wherein the first/second active layer includes indium-gallium-zinc oxide. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of design choice. In re Leshin, 125 USPQ 416. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the device of Kim by forming the first/second active layer includes indium-gallium-zinc oxide, because such a forming the different material can vary depending upon the device in a particular application.
Allowable Subject Matter
Claims 5, 7 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record fails to disclose all the limitations recited in the above claims. Specifically, the prior art of record fails to disclose wherein the at least a portion of the second active layer overlaps the first active layer (claims 5 and 18); or wherein an insulating layer is not disposed on an interface between the first active layer and the second active layer (claim7);
Conclusion
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/THERESA T DOAN/ Primary Examiner, Art Unit 2814
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